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TMI Blog2013 (3) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... ce between the duty that may be finally assessed or re-assessed and the provisional duty and deposits with the proper officer such sum not exceeding twenty percent of the provisional duty as the proper officer may direct, the proper officer may assess the duty on the goods provisionally at an amount equal to the provisional duty. Respondents directed that the goods of the respondents shall be cleared by the appellants herein on the respondents’ furnishing a bank guarantee of 30% of the differential duty to the satisfaction of the Commissioner of Customs. X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of the duty amount. Aggrieved over the same, the appellants herein have filed the present writ appeal. 3. Learned Standing Counsel appearing for the appellants, vehemently contended that the learned Single Judge is wrong in passing the interim direction releasing the goods, on payment of only the duty amount. Learned Standing Counsel vehemently further contended that the Revenue also made valuation of the goods which is much more than the value declared by the respondent-assessee. Further it is contended that the value shown by the respondent-assessee is very low and therefore, the Revenue revalued the same and fixed the valuation. Under the circumstances, the learned single Judge ought to have directed the respondent-assessee to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is clear that pending the order of the adjudicating officer, goods can be released to the owner, on taking a bond from him in the proper form with such security and conditions if the adjudicating officer may require. Further, it is also brought to our notice the recent Notification No. 81/2011, dated 25-11-2011, issued by the Government of India, wherein it is stated that if the importer or exporter, as the case may be, execute a bond in an amount equal to the difference between the duty that may be finally assessed or re-assessed and the provisional duty and deposits with the proper officer such sum not exceeding twenty percent of the provisional duty as the proper officer may direct, the proper officer may assess the duty on the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents is on the lower side. Having considered the facts and circumstances of the case and also taking notice of the fact that the goods in question are newsprint which is perishable in nature, we issue a direction that the goods of the respondents shall be cleared by the appellants herein on the respondents' furnishing a bank guarantee of 30% of the differential duty to the satisfaction of the Commissioner of Customs. The goods shall be released in terms of this order immediately on furnishing of the aforesaid bank guarantee and satisfaction of the concerned Commissioner of Customs. We also direct the Commissioner of Customs to hear the adjudication proceeding pending before him as early as possible, preferably within a period of three mon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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